§ 90-12. Removal and restoration.

A. 

Upon the expiration date of a special permit, including any extensions, earlier termination or revocation of said permit or abandonment of the wireless telecommunications facility, the permittee, owner or operator shall remove its wireless telecommunications facility(ies) and restore the site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the Village. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the Village and any other applicable law, rules or regulations. The wireless telecommunications facility shall be removed from the property, at permittee's sole cost and expense, and at no cost or expense to the Village.

B. 

Failure of the permittee, owner or operator to promptly remove its wireless telecommunications facility and restore the property within 90 days after expiration, earlier termination or revocation of the permit, or abandonment of the wireless telecommunications facility, shall be a violation of this chapter and the Village Code. Upon a timely showing of good cause, an extension of time may be granted by the Board of Trustees where circumstances are beyond the control of the permittee. Further failure to abide by the timeline provided in this section shall be grounds for:

(1) 

Prosecution;

(2) 

Acting on any security instrument required by this chapter or conditions of approval of permit;

(3) 

Removal of the wireless telecommunications facilities by the Village in accordance with the procedures established under the Village Code for abatement of a public nuisance at the owner's expense; and/or

(4) 

Any other remedies permitted under this chapter, the Village Code or by any other law.

C. 

Summary removal. In the event the Board of Trustees determines that the condition or placement of a wireless telecommunications facility located in a public right-of-way constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, "exigent circumstances"), the Board of Trustees may cause the wireless telecommunications facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall include the basis for the removal and shall be served upon the permittee and person who owns the facility within five business days of removal and all property removed shall be preserved for the owner's pickup as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pickup the property within 60 days, the wireless telecommunications facility shall be treated as abandoned property.

D. 

Removal of facilities by Village. In the event the Village removes a wireless telecommunications facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the Village for any damage to such wireless telecommunications facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the Village may collect such costs from the performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with the Village Code or as permitted by law. Unless otherwise provided herein, the Village has no obligation to store such wireless telecommunications facility, accessory equipment or other related equipment or components. Neither the permittee, owner nor operator shall have any claim if the Village destroys any such facility not timely removed by the permittee, owner or operator after notice, or removed by the Village due to exigent circumstances.